Hodges v. Hodges
Supreme Court of North Carolina
The bill was filed in March, 1836, and charged that on the 14th day of August, 1819,-the plaintiff purchased a tract of land containing 280 acres from his father, Bartholomew Hodges, at and for the price of #100 then paid in a bond for that sum, which the plaintiff held on the father and delivered up : That the land was to be conveyed in fee at or before the death of Bartholomew; and that to that effect Bartholomew then gave to the plaintiff his bond in the penal of $ 1000…
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The bill was filed in March, 1836, and charged that on the 14th day of August, 1819,-the plaintiff purchased a tract of land containing 280 acres from his father, Bartholomew Hodges, at and for the price of #100 then paid in a bond for that sum, which the plaintiff held on the father and delivered up : That the land was to be conveyed in fee at or before the death of Bartholomew; and that to that effect Bartholomew then gave to the plaintiff his bond in the penal of $ 1000 which the plaintiff had caused to be proved and registered shortly before the filing of the bill. The bill further stated…
1Opinion of the Court
Ruffes, Chief Justice,
after stating the facts as above set forth, proceeded:
The plaintiff, we think, has failed to make out a case on which he can have a decree on his present bill. Supposing the deeds to be valid, either as covenants to stand seized or as bargain and sales, the Court would supply the destruction or loss of them, before registration, by decreeing others to be made. But it could be done only against the heirs or de-visees, in whom the title is. The defendant denies all knowledge of them and they are not traced to him or any other person; There can, then, be no decree for their…
2Cited by2 opinions
- Scott v. JordanSupreme Court of North Carolina · 1952
- Hodges v. . SpicerSupreme Court of North Carolina · 1878